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About this Publication:

Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster.

Immigration Law in South Africa comprises three parts. Part One contextualises migration at an international level and within South Africa. This part discusses the concept of migration in the context of South Africa and on the international stage and how the human rights perspective has developed the notion of migration in South Africa. Part Two examines South African immigration law specifically – whom the state allows to enter and leave, who is considered undesirable or prohibited, permanent residence, and the various types of short-term visas that are offered to foreigners. Part Three considers the penalties that South Africa can impose on foreigners who violate the immigration laws of South Africa: the deportation, detention and extradition laws relating to immigrants in South Africa are examined.

Contents Include:

Table of Cases

Table of Statutes

International Instruments

Introduction

Part 1: Contextualising migration

Identifying migrants and the rights to which they are entitled

Historical overview of migration regulation in South Africa

The South African Constitution and immigration law

International migration and development in South Africa

The securitisation of migration—South Africa

Part 2: South African immigration law

Temporary residence

Permanent residence

Citizenship in South Africa

The effect of the law of domicile on the migrant o Admission and departure procedures